We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 320

A Tale as Old as Time A Beauty and a Beast
  • Dechert LLP
  • USA
  • August 10 2017

The beast part may be a bit of an exaggeration, but it serves the purpose of depicting what at least on the surface are two very opposite things. But


Plaintiff’s Expert’s Opinions Trimmed Post-Remand in Mesh Litigation
  • Dechert LLP
  • USA
  • July 27 2017

There is always a level of uncertainty when a case gets remanded from an MDL. New judge; new interpretations of prior rulings; new rulings. It can be


Michigan Court Excludes Expert Testimony from Treater and Grants Summary Judgment
  • Dechert LLP
  • USA
  • July 20 2017

Usually when we are talking about Michigan, it's to praise the Michigan Products Liability Act which cuts off civil liability for drug manufacturers


Post-BMS Personal Jurisdiction is Pretty Straightforward
  • Dechert LLP
  • USA
  • July 18 2017

We commented last week that we were not surprised by the numerous post-BMSpersonal jurisdiction decisions we were seeing. Lots of courts and parties


“Just Because” Not Good Enough for TwIqbal
  • Dechert LLP
  • USA
  • July 6 2017

It's a fairly well known double standard. If you ask your child why he or she did that rotten, terrible, awful thing and he or she responds "just


North Carolina Rejects Stengel in Complete Preemption Win
  • Dechert LLP
  • USA
  • July 6 2017

Put a New Yorker and a Californian in a room together and the debate will begin almost immediately. Hollywood v. Broadway. Atlantic v. Pacific


Infliction of Emotional Distress Not a Viable Claim in Medical Device Case
  • Dechert LLP
  • USA
  • June 13 2017

We understand that illnesses and injuries can be emotional; sometime extremely emotional and rightfully so. We understand that some treatments can add


Similar Claims but Opposite Results
  • Dechert LLP
  • USA
  • May 23 2017

A federal judge in Texas recently ruled that Texas law does not allow a claim for negligence per se based solely on alleged violations of the FDCA or


Medical Doctors Aren’t Jacks-of-all-Trades
  • Dechert LLP
  • USA
  • May 9 2017

We've all had cases where plaintiffs try to use their prescribers and treaters as their experts on everything from failure to warn and causation to


New Jersey Federal Court Rejects Expansion of Negligent Undertaking Liability
  • Dechert LLP
  • USA
  • April 25 2017

When this blogger hears "negligent undertaking," my mind does not automatically turn to products liability - but rather to pre-teen children. Pre-teen